NMHA BY-LAWS

The New Mexico Horsemen's Association By-Laws

1.0 ASSOCIATION The New Mexico Horsemen’s Association (“Association”)
shall consist of an unlimited number of members. Membership is achieved
when the New Mexico Racing Commission (“NMRC”) grants the candidate a
license as an Owner or Trainer of racehorses and such member is actively
engaged in racing within the State of New Mexico. Such membership shall
continue for so long as the member shall make payment of the fees,
which constitute the special funds of this Association as set forth
hereinafter in Article III. A member of the Association may choose to
opt-out of membership upon written notification to the Association’s
Board of Directors.

1.1 OWNER

An Owner, as defined in these By-Laws, is a person who is currently
licensed as an Owner by the State of New Mexico and owns an interest in
one or more horses that are actively engaged in racing in the State of
New Mexico or who owns an interest in a corporation or other entity
which owns one or more horses actively engaged in racing in New Mexico.
1.2 TRAINER A Trainer, as referred to in the By-Laws, is a person who is
licensed as a Trainer by the New Mexico State Racing Commission and has
one or more horses under his direct supervision and control for racing
purposes in the State of New Mexico.

1.3 PRINCIPAL OFFICE

The principal office of the Association shall be located in
Bernalillo County, State of New Mexico by designation of the
Association’s Board of Directors.

1.4 FISCAL YEAR

The fiscal year of the corporation shall begin on the first day of January and end on the last day of December of each year.

1.5 SUSPENSION

A member of the Association may be suspended or expelled by the Board
of Directors for reasonable cause. Such cause shall include, but not
be limited, to the following: A. A violation of these By-Laws.
B. For conduct prejudicial to the best interests of this Association.

Suspension or expulsion shall occur by an affirmative vote of not
less than two-thirds (2/3) of the members of the Board of Directors
after proper notice and hearing has been provided to the member proposed
to be suspended or expelled.

1.6 VOTE

Each active member shall be entitled to one vote.

1.7 TRANSFERS

Membership in this Association is not transferable or assignable.

1.8 BACKSTRETCH PERSONNEL

ARTICLE II. PURPOSES 2.0 THE PURPOSES OF THE ASSOCIATION ARE AS FOLLOWS:

(A) To actively promote, in general, the horse racing industry in
the state of New Mexico, and specifically the sport of Racing in the
state of New Mexico;

(B) To foster and otherwise encourage a higher level of public
awareness and acceptance of the horse racing industry in the state of
New Mexico;

(C) To represent the Horsemen’s Racing Interests of its members on
matters relating to the conduct of live pari-mutuel horse racing,
simulcasting and other forms of gaming at Racetracks or other locations
in New Mexico and for the purpose of providing funds for benevolence and
further betterment of the industry in New Mexico, as permitted by law;

(D) To fully and faithfully perform such functions and
responsibilities authorized by these Bylaws and delegated to the
Association by its members, the Act, the Rules, and the Interstate
Horseracing Act;

(E) To form, foster, support and provide funding for a purely
charitable organization to receive, maintain, administer and distribute
funds for the benevolence to its members, worthy former members, their
licensed Backstretch Personnel or their spouses and children, as
permitted by law, and in accordance with the Bylaws and policy
procedures of such charitable organization;

(F) To institute or aid in any movement that will promote the safety
and protect the general welfare of its members, their licensed
Backstretch Personnel, and their horses;

(G) To foster and encourage a closer and more understanding
relationship and cooperation between all of its members, all horsemen
racing in the state of New Mexico, Racing Associations, the NMRC, other
Equine Organizations, and all segments of the pari-mutuel racing
industry;

(H) To cooperate with Racing Associations, the NMRC and other Equine
Organizations, New Mexico regulatory authorities, as well as racing
associations, racing commissions, racing organizations and regulatory
authorities in other jurisdictions, in the establishment of proper rules
and conditions that affect in any manner the interests of the
Association’s members, their licensed Backstretch Personnel, their
horses, and the horse racing industry;

(I) To represent the Horsemen’s racing interests and property rights
of its members in the negotiation, performance and enforcement of
contracts with racing associations, racing organizations, jockeys’
organizations, other horse racing industry-related organizations, and
any third parties, regarding, but not limited to:

(1) live racing at race meetings;

(2) live racing at mixed race meetings in New Mexico

(3) purse allocations from live racing, simulcasting, off-track
wagering, account wagering, cross-species simulcasting, and/or
additional forms of gaming conducted at Racetracks or any other
locations in New Mexico;

(4) import/export of all Simulcast signals, and cross-species simulcast signals, if any;

(8) off-track wagering, account wagering or additional forms of
gaming conducted at racetracks or any other locations in New Mexico, if
any;

(9) Interest generated on members’ monies in the purse account or in Horsemen’s Accounts;

(10)the improvement of racing conditions and facilities for Horsemen and Horses at all racetracks in New Mexico; and

(11)all other matters of interest and benefit to the members of the Association..

(J) To act as the designated “horsemen’s group,” as that term is
defined in the Interstate Horseracing Act, for purposes of negotiating
all contracts with Racing Associations affecting Horsemen’s Racing
Interests;

(K) To provide input to the racing associations concerning racing
condition books in order to maximize racing opportunities for all
Horsemen and Horses racing in New Mexico;

(L) To work for the provision of adequate living accommodations for
Backstretch Personnel, and the improvement of working and/or living
conditions for Backstretch Personnel at all Racetracks.

(M) To advocate Association’s racing interests of its members before
administrative, legislative and judicial forums concerning all matters
affecting members of the Association, including but not limited to

(2) securing the maximum number of racing opportunities for all Association racing in New Mexico,

(3) improving the quality of racing in New Mexico,

(4) protecting the integrity of racing while ensuring the enforcement
of the rules in a fair and equitable manner to members of the
Association and their Backstretch Personnel and

(5) securing the maximum purse distributions possible for members of the Assocation and benevolence;

(N) To intercede and assist on an informal basis in disputes or
controversies between its members, a racing association, the NMRC, the
New Mexico Department of Public Safety or other regulatory authorities
at racetracks, where deemed appropriate and necessary by the
Association’s President or Board of Directors, in order to ensure the
enforcement of the rules in a fair and equitable manner as to all
members and their Backstretch Personnel;

(O) To encourage the establishment of reasonable thresholds for the
testing of therapeutic medications in the state of New Mexico, the
dissemination of information related thereto to members and the NMRC,
the formulation of proposed rules and revisions to the existing rules in
the state of New Mexico concerning therapeutic medications consistent
with the best interests of the Association and horses;

(P) To inform and educate its members, other segments of the horse
industry and the public about all aspects of the racing industry in the
state of New Mexico through publications, seminars,
training programs, research, and/or other activities or services which may achieve such purpose;

(Q) To keep Association members informed of the objectives, work and
accomplishments of the Association and matters of interest to the
members by means of Association newsletters, industry publications
and/or designated Track Committees;

(R) To promote the establishment of centralized, computerized
bookkeeping systems that handle, control and safeguard Association
accounts, while making the handling of transactions involving these
accounts more timely and convenient for the Association’s members;

(S) To secure available group benefits and merchandise discounts for
its members through association with state, regional or national racing
or other horse industry-related organizations offering such benefits and
discounts to their memberships;

(T) To create, establish, maintain, and disburse Association funds to
promote any of the foregoing, and to maintain accurate financial
records of receipts and expenditures of the Association;

(U) To purchase, take, receive, lease, take by gift, devise or
bequest, or otherwise acquire, own, hold, improve and use real or
personal property, or any interest therein, wherever situated; as well
as to sell, convey, mortgage, pledge, lease, exchange, transfer and
otherwise dispose of all or any part of its property and assets as
authorized by the Board of Directors, subject to the provisions of the
New Mexico Non-Profit Corporation Act;

(V) To establish such other benefits and privileges for members in good standing as determined by the Board of Directors;

(W) To perform any other or function authorized by the Board of
Directors to accomplish the purposes of this Association that is
authorized by the Laws of the State of New Mexico, the Act, or the
Rules, and is not otherwise inconsistent or in conflict with any other
provision of these Bylaws;

(X) Notwithstanding anything to the contrary contained herein, in no
event shall any part of the earnings of this Association inure to the
benefit of any individual member in his/her capacity as such; provided
that a member may be compensated for services rendered as a salaried
employee of the Association; and To otherwise assist members in any
matters affecting their interest in racing in the state of New Mexico or
in other racing jurisdictions.

ARTICLE III. SPECIAL FUNDS

3.0 ONE PERCENT FEES

The Association, as the Horsemen’s representative, shall receive one
(1) per-cent of all purse monies, which are due to the Horsemen’s purses
generated from the fifty (50) per-cent net retained.

3.1 STARTING FEES

Any Owner or Owner-Trainer starting a horse shall pay a fee as established by the Board of Directors of the Association.

3.2 AUDIT

ARTICLE IV. BOARD OF DIRECTORS

4.0 POWERS

The activities, affairs and property of the Association shall be managed, directed and controlled by the Board of Directors.

4.1 BOARD OF DIRECTORS

The Board of Directors shall consist of two (2) Track Committee
members from each licensed racetrack in New Mexico. Each Track Committee
shall appoint to the Board of Directors one (1) licensed “Trainer” and
one (1) licensed “Owner” and said “Owner” may not currently be licensed
as a “Trainer”.

4.2 QUALIFICATIONS

Any person shall be qualified to be a member of the Board of
Directors if the NMRC licenses him/her as a “Trainer” or “Owner” and
remains in good standing with the NMRC and the Association. No member
may serve on the Board of Directors who has not been elected or
appointed as a Track Committee member.

4.3 TERM OF OFFICE

All Directors shall have a regular term of two (2) years, but shall
serve until the appointment of their successors. Directors appointed by
the Track Committees shall take office immediately upon their
appointment and shall serve for a period of two (2) years or until a new
Track Committee is voted in and a new Owner and Trainer Director is
selected. To ensure continuity the terms of the Directors shall be
staggered. The Board of Directors will implement the necessary
procedures to ensure staggered terms.

4.4 VACANCIES

Vacancies, whether caused by death, illness, resignation or removal
of a member of the Board of Directors, shall be filled by a majority
vote of the track committee from which the Director was originally
appointed. If the original track committee is not sitting at the time
of vacancy, the Board of Directors may fill the vacancy with a qualified
track committee member by a two-thirds (2/3) majority vote of the
Directors present.

4.5 REMOVAL

If any member of the Board of Directors resigns, is unable to serve
because of illness or otherwise dies, or is absent at three (3)
consecutive Board meetings without extenuating circumstances confirmed
in writing to the Executive Director with thirty (30) days after any
absence, the member’s position on the Board shall be declared vacant.

4.6 ANNUAL MEETING

An annual meeting, for the purpose of electing the officers of the
Association, shall be held in the month of July at such time and place
as shall be determined by the Board of Directors. This meeting will also
constitute the regular monthly meeting for July and other business
that may come before the Board can be transacted.

4.7 REGULAR MEETING Regular meetings of the Board of Directors shall
be held prior to every monthly NMRC meeting at such time and place as is
determined by the President of the Board of Directors and/or the
Executive Director.

4.8 SPECIAL MEETINGS

Special meetings of the Board of Directors may be called or at the
request of the President, any four (4) Directors, or not less than
one-tenth (1/10) of the members having voting rights. The notice calling
a special meeting shall fix the time and place for the meeting.

4.9 QUORUM The presence at any meeting of a majority of the Board of
Directors in person shall be necessary to constitute a quorum for the
transaction of business. If a quorum is not present at a meeting of the
Board of Directors, the Directors present may meet but not act on any
matters that require a vote, or they may adjourn the meeting without
further notice.

4.10 MANNER AND ACT OF VOTING

The act of a majority of the Directors present at a meeting, at which
a quorum is present, shall be the act of the Board of Directors. Each
Director shall be entitled to one vote, to be cast in person and no
proxy voting is to be allowed.

4.11 COMPENSATION

The Board of Directors shall not receive any salaries for their
services to the Board, but, by resolution of the Board, expenses for
attendance, or other Association business, if any, may be allowed at a
per diem rate, or actual expenses.

4.12 CONDUCT OF MEETINGS

All meetings of the Board of Directors shall be in accordance with Roberts Rules of Order.

4.13 GENERAL DUTIES

The Association shall keep correct and complete books and records of
accounts and shall also keep minutes of the proceedings of its members,
Board of Directors, and track committee meetings and shall keep at the
Principal Office a record giving the names and addresses of the members
entitled to vote. Any member, or his agent or attorney may inspect all
books and records of the Association, for any proper purpose at any
reasonable time. All funds of the Association shall be deposited from
time to time to the credit of the Association in such banks, trust
companies, or other depositories as the Board of Directors may select.

4.14 ANNUAL REPORT

The Executive Director or any member of the Board of Directors
shall present at each annual general meeting of each racetrack an annual
report of the Association’s activities during the preceding calendar
year.

4.15 WAIVER Whenever any notice is required to be given and under the
provisions of the Non-Profit Corporation Act of New Mexico, or under
the provisions of the Articles of Incorporation, or the By-Laws of the
Association, a waiver thereof in writing signed by the person or persons
entitled to such notice, whether before or after the time stated
therein, shall be deemed equivalent to the giving of such notice.

4.16 AMENDMENT TO THE BY-LAWS

These By-Laws may be altered, amended, or repealed by a majority vote
of the Board of Directors present at the meeting providing a quorum has
been established.

ARTICLE V. OFFICERS OF THE BOARD OF DIRECTORS

5.0 OFFICERS

The officers of the Board of Directors shall consist of a President, Vice-President, and Secretary/Treasurer.

5.1 DUTIES OF THE PRESIDENT

The President shall be chief executive officer of the Association. He
or she shall preside at all meetings of the Board of Directors and
shall be an Ex-Officio member of all committees of the Board. He or she
shall supervise and control all of the affairs of the Association unless
otherwise delegated. He or she shall perform all duties incidental to
the office of the President.

5.2 DUTIES OF THE VICE-PRESIDENT

In absence of the President, or in the event of his or her inability
or refusal to act, the VicePresident shall perform the duties of the
restrictions upon the President. The Vice-President shall perform such
other duties as may be assigned from time to time by the President of
the Board of Directors.

5.3 DUTIES OF THE SECRETARY/TREASURER

The Secretary/ Treasurer shall keep the minutes of Board of Directors
and shall perform all duties incidental to the office of Secretary,
unless otherwise delegated. He or she shall have custody of such books,
documents and papers as the Board of Directors may determine. As the
Treasurer, he or she shall have the responsibility of Association funds
and securities, and shall be responsible for keeping full and accurate
accounts of all receipts and disbursements in books belonging to the
Association, and shall file all necessary tax reports required of the
Association, unless otherwise delegated.

5.4 EXECUTIVE DIRECTOR

The Board of Directors may appoint an Executive Director who shall
have general and active management of the business of the Association,
subject to the control of the Board of Directors and the President, and
shall see that all orders and resolutions of the Board are carried into
effect. He or she shall be an Ex-Officio member of all Committees and
shall perform such other duties as may from time to time be required of
him or her by the Directors or the President. The Board of Directors
shall fix the salary of the executive Director. The employment of the
Executive Director may be terminated by a majority vote of the Board of
Directors, subject to any existing employment contract. Ex-Officio for
purposes of the Executive Director shall not provide, include or bestow
voting privileges on said Executive Director.

ARTICLE VI. COMMITTEES OF THE BOARD

6.0 APPOINTMENT OF COMMITTEES

The Board of Directors, by a majority vote of those present at a
legally constituted meeting, may authorize the creation of ad-hoc
committees for whatever purpose and term of existence as deemed
necessary.

6.1 MEMBERSHIP

Membership of committees shall be open to any interested member of
the Association and shall be subject to the approval of a majority vote
of the Board of Directors.

6.2 COMMITTEE CHARGES

The Board shall insure committee charges to each committee
established by the Board of Directors. Such charge shall specify the
task of the committee, the membership of the committee, and the time
period of which the committee shall be in existence.

6.3 VACANCIES

Vacancies on any committee created by the Board shall be filled by a
majority vote of the Board of Directors present at any legally
constituted meeting of the Board.

6.4 QUORUM

Unless otherwise provided for in committee charges, a majority of the
whole committee shall constitute a quorum and the act of a majority of
the committee.

6.5 RULES Each committee may adopt rules for its own government not
inconsistent with these By-Laws adopted by the Board of Directors and
set forth in the committee charge.

ARTICLE VII. TRACK COMMITTEES

7.0 DEFINITION

The daily affairs of the Association shall be supervised at each racetrack by Track Committees and there shall be one

(1) committee at each licensed meet. The Track Committee for the New
Mexico State Fair will be the standing Downs at Albuquerque Committee.
In no event will the Track Committee have the authority to overturn any
decision of the Board of Directors of the Association..

7.1 TRACK COMMITTEE MEMBERSHIP

Track Committees shall be comprised of eight (8) members whose
occupational licenses have been validated by the NMRC and said
validation is current for the calendar year in which the member serves
on the Track Committee. Members may not serve on more than one (1) Track
Committee concurrently and are not eligible to be nominated to another
Track Committee for one (1) year from the date of their election.

7.2 ELECTION OF TRACK COMMITTEES

Members shall be elected to each Committee at the beginning of each
race track meet. Each respective Committee shall call a meeting the day
preceding the first race day at the beginning of each meet for the
purpose of nominating members for election to the Track Committee.
Voting for Track Committee Members shall commence on the second Saturday
of the race meet and conclude on the third Sunday of the race meet.

Any duly qualified member may be nominated, regardless of whether the
member is physically present at the nomination meeting. Any member,
who is nominated and does not wish to be a
candidate for election to the Track Committee, shall give written notice
of such, to the subject Track Committee. This shall be attached to the
ballot box. Any votes cast for said member shall not be counted.

The Association shall provide the membership with a secure,
reasonably cost effective and efficient method of voting. At a minimum,
voting will be allowed at the office of the Board of Directors and the
host track that is running at the time of the election. Proxy voting
will not be allowed.

Any member may vote through any of the above means with their New
Mexico Racing Commission license number. In person voting may be
accomplished by showing a valid New Mexico racing license. Voting by
fax will require a copy of a valid New Mexico racing license.

In person voting shall be made available in the Association’s office
at the host track during regularly scheduled hours of operation. In
addition a ballot box for voting for Track Committee members shall be
placed in the grandstand at the host track with live racing within the
State of New Mexico. Voting shall be allowed beginning thirty minutes
prior to the post time of the first race and continuing through the
running of the fifth race. Voting in the grandstand shall take place
the second and third weekends of the race meet. Votes shall be counted
in accordance with the rules that are established by the Board of
Directors of the Association.

Voting by fax shall be made available to the membership. Eligible
voting members may call and request a ballot to be faxed from the main
office. A valid New Mexico racing license number must be provided at
the time a request for a fax ballot is submitted. The ballot shall be
returned to the State Office together with a copy of the voter’s New
Mexico racing commission license by the last official day of voting.

Each Association member shall be entitled to cast one (1) vote.
Track committee members shall be elected to a term of two years with the
four (4) candidates receiving the greatest number of votes being duly
elected. SunRay Park, Zia Park, and the Downs at Albuquerque shall
elect owner members in even-numbered years and trainer members in
odd-numbered years. Sunland Park and Ruidoso Downs shall elect trainer
members in even-numbered years and ownermembers in odd-numbered years.
In the event that a sixth race track opens in the state, said track will
follow the same election schedule as Sunland Park and Ruidoso Downs. A
tie vote shall be decided by the drawing of a numbered pill in the
Racing Secretary’s office.

The Board of Directors shall establish reasonable rules for the supervision of each election.
The racing dates authorized by the NMRC shall be the official dates referred to herein.
An annual general meeting of the membership at each race track shall be
held in conjunction with the nominating meeting. At this time the annual
report shall be distributed.

Each Track Committee may call committee meetings from time to time as
deemed necessary by the committee chairman or the majority vote of the
Track Committee. At least a twenty-four (24) hour notice shall be given
for committee meetings, except in the event of an emergency, and all due
diligence shall be used to notify all committee members.

7.3 TERM OF OFFICE

Each Track Committee member shall have a regular term of two (2) year, but shall serve until the election of their successors.

7.4 VACANCIES

Vacancies, whether caused by death, resignation or removal of a Track
Committee member shall be filled by a majority vote of the entire
Track Committee of which that particular vacancy exists. 7.5
RESIGNATIONS

Any Track Committee member may resign at any time by delivering a
written resignation letter to the members of the Track Committee on
which the member serves.

7.6 REMOVAL Any Track Committee member may be removed at any time
for cause, including gross or willful neglect of his or her duties,
conduct derogatory to the best interests of the Track Committee on which
he or she serves, or for conduct derogatory or detrimental to the best
interests of the Association. The affirmative vote of a two-thirds
(2/3) majority of the entire Track Committee on which the member serves,
or a majority vote of the Board of Directors shall be necessary to
remove a member for cause. Any Track Committee member proposed for
removal, shall be notified of both the time and place of the meeting at
which the removal will be discussed. Every effort shall be made to
notify said member of the time and place of the meeting. Such
Track Committee member shall be entitled to appear at such meeting and
be heard to ensure due process.

7.7 DUTIES

The duties of each Track Committee shall be to supervise the daily
affairs of the Association at the respective racetrack to include, but
not limited to, overseeing track conditions, entries, facilities,
grounds, race conditions, purses, and communications with the track
management and Stewards.
It shall also be the duty of the Track Committee to appoint two (2)
Track Committee members to serve on the Board of Directors of the
Association. Each Track Committee shall so appoint said members to the
Board of Directors at the first meeting held by the Track Committee
after the annual general meeting of the respective race track, but said
appointment shall be no later than the fifth (5th) week of each official
racetrack meet. Eligibility to serve as a member of the Board of
Directors shall be pursuant to Article IV herein.

The Track Committee should be cognizant of matters that affect other
Association members at other tracks in their decisions and should not
knowingly involve the Association in litigation matters without
notification to and approval of the Board of Directors.

Each Track Committee shall appoint to the Board of Directors one (1)
member who is duly licensed by the NMRC as a “Trainer” and one (1)
member who is licensed by the NMRC as a “Owner” which said Owner-member
is not currently licensed by the NMRC as a “Trainer”.

7.8 TRACK COMMITTEE OFFICERS

The principal officers of the Track Committee shall be a Chairperson
and Vice-Chairperson and each respective Track Committee may designate
such other officers as necessary.

7.9 SPECIAL MEETINGS

Special meetings may be called by the Chairman, a majority vote of the Track Committee..

A regular meeting must have a seventy-two (72) hour notice given to
the membership prior to the meeting. A twenty-four (24) hour notice
must be given for a meeting that has been voted as an emergency by the
majority of the Track Committee.

ARTICLE VIII. CORPORATE RECORDS

8.0 CORPORATE RECORDS

The Association shall keep complete books and records of accounts and
minutes of proceedings of its members, Board of Directors, and
Committees, and shall file an annual report with the Office of the New
Mexico Secretary of State as required by the Laws of the State of New
Mexico.

ARTICLE IX. DISSOLUTION

9.0 DISSOLUTION

At any special meeting the Association may elect to dissolve by a
vote of two-thirds (2/3) of the active membership. The members may cast
their votes in person or by written ballot received by the Executive
Secretary prior to the time of said special meeting. In the event
dissolution is voted, the vote of the majority of the members voting
shall designate five members as trustees who, on behalf of the
Association and within the time fixed by the members at the time of
their designation or within any extension thereof, shall liquidate its
assets and distribute them in accordance with the laws of New Mexico.

ARTICLE X. STATUTORY AGENT

10.0 AGENT

The statutory agent upon whom process against the corporation may be
served shall be the current President of the New Mexico Horsemen’s
Association, 217 Palomas Drive, N.E., Albuquerque 87108

NMHA Executive Director

New Mexico Horsemen's Association, Pat Bingham

Read Next

Our products & Services

Connect with us

The horseracing community and the lots of people in the U.S. and world are familiar with horseracing here in New Mexico. The Land of Enchantment has been home to some type horseracing for hundreds of years, there have been major motion pictures made about horseracing here, with 300 plus days of sunshine annually the weather for racing is spectacular, some of the fastest quarter horses in the world are bred here and there is the world-famous $1,000,000 Rainbow Quarter Horse Futurity Final, held annually at the Ruidoso Downs. All these facts and more make New Mexico an amazing place for top level horseracing and a great place to be a horseman.